Which Article In The Constitution Deals With Elementary Education?

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Which Article In The Constitution Deals With Elementary Education
Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

: Departmen of School Education & Literacy
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What is Article 43 of Indian Constitution?

—Directive Principles of State Policy. — Arts.39—43.) standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
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In which list education is included in Indian Constitution?

Transferred Subjects – Through the 42nd Amendment Act of 1976 Five subjects were transferred from State to Concurrent List. They are:

  1. Education
  2. Forests
  3. Weights & Measures
  4. Protection of Wild Animals and Birds
  5. Administration of Justice

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What is an Article 44?

IAST : is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures.

  1. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India’s ruling Bharatiya Janata Party,
  2. It is an important issue regarding secularism in Indian politics and continues to remain disputed by India’s political left wing, Muslim groups and other conservative religious groups and sects in defence of sharia and religious customs.

Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance, Meanwhile, article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.

This draft also creates hopes for the LGBTQIA+ community in India as it does not differentiate between individuals based on their gender, or sexual orientation. Same-sex marriages are not recognised legally by any applicable law in India till now. Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens.

The British feared opposition from community leaders and refrained from further interfering within this domestic sphere, Indian state of Goa was separated from India due to colonial rule in the erstwhile Portuguese Goa and Damaon, retained a common family law known as the Goa civil code and thus being only state in India with a uniform civil code till date.

Following India’s independence, Hindu code bills were introduced which largely codified and reformed personal laws in various sects among Indian religions like Buddhists, Hindus, Jains and Sikhs while exempted Christians, Jews, Muslims and Parsis, being identified as distinct communities from Hindus.

UCC emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The debate arose when the question of making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions.

The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law, permitting unilateral divorce, polygamy and putting it among the legally applying the Sharia law, UCC was proposed twice, in November 2019 and March 2020 but was withdrawn soon both of the times without introduction in parliament.

The bill is reported to be being contemplated due to differences between BJP & RSS,
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What does Article 45 of the Constitution say education?

What does Article 45 say? Answer at BYJU’S IAS Article 45 talks about the provision for free and compulsory education for children. It states that “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years”.
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What is a Article 21A?

Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

  1. Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
  2. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.
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The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

: Departmen of School Education & Literacy
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What is in Article 43A?

’43A. Participation of workers in management of industries. -The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.’.
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What part of the Constitution talks about education?

The Arguments of the Respondents – The attorneys representing the undocumented immigrant children, the respondents in this case, answered “yes” to both of the constitutional questions. To support their position, the respondents offered the following arguments:

  • The U.S. Supreme Court has previously ruled that the equal protection clause of the 14th Amendment applies not only to citizens but to “any person” including aliens, The children in this case are “persons” living within the “jurisdiction” of the state since they reside in Texas and are subject to its laws.
  • Discrimination against the school-age children in this case is not justified by any “substantial state interest”: a. The children in this case represent only 1 percent of the school-age population in Texas. Spending some state funds by educating these children will not reduce the quality of schooling of the other children.b. There is little evidence that undocumented immigrants come to Texas seeking educational benefits for their children. Most come looking for jobs.c. Most of the state funds used for bilingual education and related special needs are spent on pupils who are legal residents.
  • While education may not be a “fundamental right” under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling.
  • Failure to educate these children will lead to higher future social costs related to unemployment, welfare, and crime.
  • Children should not be penalized for the illegal acts of their parents.
  • Undocumented immigrant children could later become legal residents or even citizens as a result of marriage or changes in the law.
  • Denying a free public education to the children of undocumented immigrants now will keep them forever in the lowest socio-economic class.
  • Some children of undocumented immigrant parents were born in this country. These children are already full citizens of the United States and are entitled to an education. their brothers and sisters born in Mexico, however, are still in the U.S. illegally. Is it fair for some children in a family to have access to public education while others are denied?
  • The Texas law presents the danger of creating a permanent class of undocumented immigrants encouraged to stay as cheap labor but denied any benefits of society.
  • Texas will be better off having these children in school rather than roaming the streets.

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Where in the Constitution is there mention of education?

The disposition of a noteworthy education-related court case has gone virtually unnoticed in the fog of the pandemic. In Gary B. v Snyder, a case concerning Detroit Public Schools (DPS), the question of whether education is a constitutional right, protected under the Fourteenth Amendment, was once again put to the test.

Fortunately, through a convoluted series of court decisions and legislative action, the answer is still no – there is no federally protected constitutional right to education, at least for now. However, as decisions played out in Gary B., that lawsuit is a cautionary tale that could lead to a change in the federal role in education, including here in Kansas, based potentially on the interpretation of a single judge.

Background There is not a single mention of education in the U.S. Constitution. The establishment of education is one of the powers reserved to the states under the Tenth Amendment, Education is not a constitutionally protected right. That is an assertion made by the U.S.

Supreme Court every time it has been challenged. The lineage begins with San Antonio Independent School District v. Rodriguez in 1973. The court opined that education “is not among the rights afforded explicit protection under our Federal Constitution.” Three other cases, all in the 1980s, affirmed that interpretation.

A lawsuit filed in 2016 by a group of seven DPS students, in what became the Gary B. case, sought to challenge precedent under the Due Process and Equal Protection clauses of the Fourteenth Amendment. The plaintiffs attended five of Detroit’s lowest-performing schools.

The proficiency rates of students in these schools were near zero. In one of the schools, 100% of sixth-graders were non-proficient in both reading and math. The University of Michigan Law School summarized that plaintiffs “documented what it alleged to be pervasive conditions that denied children the opportunity to attain literacy, including lack of books, classrooms without teachers, insufficient desks, buildings plagued by vermin, unsafe facilities, and extreme temperatures.” What separates the Gary B.

case is that the plaintiffs sought redress from the federal court system, not the state. What they were really seeking was additional funding from the state to improve educational conditions including more money for full-time teachers, curriculum materials and building conditions.

  1. That these students were subjected to such deplorable conditions is patently unacceptable, but not surprising in the Detroit system.
  2. Corruption has been rampant in the DPS system for decades.
  3. The state took control of DPS two decades ago, but that didn’t solve the problems.
  4. While the plaintiffs were warehoused in squalor getting no education, several principals were taking millions in kickbacks.

Ultimately, a dozen were convicted on kickback schemes, Court decisions and the suit settlement. Two years after the suit was filed, a Federal District Court judge granted the defendant’s motion to dismiss the case. Judge Stephen Murphy agreed with the state that the Due Process clause of the Fourteenth Amendment “does not require a state to provide access to minimally adequate education.” The plaintiffs immediately appealed to the Sixth Circuit Court of Appeals.

  • In what could have paved the way for epic changes in public education, the Sixth Circuit ignored Supreme Court precedent and ruled in favor of the students.
  • In April of this year, a Court panel declared, in a 2-1 decision, that the Due Process clause of the U.S.
  • Constitution can be applied to ensure students get at least a basic minimum education.
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Specifically, the majority opinion states: “In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.” This decision, in the parlance of our times, is a game-changer. Simultaneously, while the appeals process was progressing, the State of Michigan was working out a monetary solution to the suit.

  1. A month after the Appeals Court decision, Governor Gretchen Whitmer* and the plaintiffs signed an agreement that settled the case.
  2. Basically, the state agreed to increase aid to DPS by $100 million.
  3. The individual plaintiffs also received a cash settlement to further their educations.
  4. Ultimately, the Fourteenth Amendment was used as a tool to get what all education lawsuits are about: more money.

The potential bombshell decision by an Appeals Court panel did not go unnoticed by the full 16-member Appeals Court. Because of the potential impact and the reversal of Supreme Court precedent, the full Circuit Court of Appeals voted to rehear the case.

The full Court vacated the 2-1 decision. Ultimately, having won additional money from the state, the plaintiffs moved to dismiss the case. On June 11 the Circuit Court of Appeals granted the dismissal. Judge Eric Murphy’s dissenting opinion is paramount in the big picture. Judge Eric Murphy’s 24-page dissent from the majority opinion in the three-judge panel decision is full of supporting precedent – and reason – as to why the U.S.

Constitution does not protect a right to education. He immediately cites Rodriguez in which the Supreme Court was clear that education “is not among the rights afforded explicit protection under our Federal Constitution.” He is clear in his opinion that “the importance of a service performed by the State does not determine whether it must be regarded as fundamental,”( emphasis added ) Judge Murphy makes a clear distinction between states interfering with fundamental rights and compelling states to provide funds they may need to exercise the rights.

  1. That would change if education was subjected to substantive due process pursuant to the Fourteenth Amendment.
  2. Judge Murphy’s opinion can be viewed through the prism of how the Kansas Supreme Court has meddled in education, specifically in the Montoy and Gannon cases.
  3. Judge Murphy used the term “jumble” to describe how a right to a federal constitutional minimum education would interfere with the separation of powers.

Would the feds “compel the states to raise their taxes to generate the needed funds?How old may textbooks be before they become constitutionally outdated?Which HVAC systems must public systems use?” He could have just as appropriately added what the Kansas Supreme Court has used to overstep their authority in the Montoy and Gannon cases: conflating money and test scores,

It’s unfortunate the Kansas Supreme Court didn’t consider this quote from the Rodriguez case when ordering the Kansas legislature to drastically increase public school funding: “Our judicial commissions give us no special insights into these ‘difficult questions of educational policy.'” Amen to that.

Conclusion Legally, it’s as if the Appeals Court panel’s initial decision never happened. However, as the University of Michigan’s Law School states, even though the case “does not have precedential valuethe language of the opinion still exists for plaintiffs to potentially draw on in the future.” Does this mean that in the relatively near future the courts could change course and find that education is a federal constitutional right? Time will tell.

It’s entirely within the scope of reason that there will be a slew of post-COVID-19 lawsuits if there is a lingering financial burden on states and localities, those entities that actually foot the bill for the vast majority of public education. If it is found that a basic education is protected under an interpretation of the Fourteenth Amendment, that would open the floodgates to federal intervention in public education.

You thought Common Core was bad? How about a nationwide uniform curriculum in, say, for example, American History? That’s not hard to imagine. You can bet if there is an administration friendly to teachers’ unions, like the NEA and AFT, school choice would be in the crosshairs.

This is why Gary B. is so significant. It serves as a reminder of just how close we could be to a federalized education system. Let’s hope the reasoned words of Judge Eric Murphy are heeded in future decisions. *The case is commonly known as Gary B.v. Snyder because Rick Snyder was the governor of Michigan when the suit was filed.

Gretchen Whitmer replaced Snyder as governor in 2019 and the case is also known as Gary B.v. Whitmer,
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Is education in the Constitution?

Your Right to Equality in Education Getting an education isn’t just about books and grades – we’re also learning how to participate fully in the life of this nation. (We’re tomorrow’s leaders after all!) But in order to really participate, we need to know our rights – otherwise we may lose them.

The highest law in our land is the U.S. Constitution, which has some amendments, known as the Bill of Rights. The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law.

Many federal and state laws give us additional rights, too. The Bill of Rights applies to young people as well as adults. And what I’m going to do right here is tell you about EQUAL TREATMENT, DO ALL KIDS HAVE THE RIGHT TO AN EQUAL EDUCATION? Yes! All kids living in the United States have the right to a free public education.

And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen. Even if you are in this country illegally, you have the right to go to public school. The ACLU is fighting hard to make sure this right isn’t taken away.

Article 21A of Indian Constitution in Hindi | Right to Education | Fundamental Rights -Indian Polity

In addition to this constitutional guarantee of an equal education, many federal, state and local laws also protect students against discrimination in education based on sexual orientation or disability, including pregnancy and HIV status. In fact, even though some kids may complain about having to go to school, the right to an equal educational opportunity is one of the most valuable rights you have.
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What does Article 49 says?

Home Constitution of India, 1950 Directive Principles of State Policy Article 49

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
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What is Article 29?

Article 29 in The Constitution Of India 1949.29. Protection of interests of minorities. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
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What is Article 245 of the Indian Constitution?

245. (1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
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What is art 35?

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to them. It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India under Article 370,

  1. The state of Jammu and Kashmir defined these privileges to include the ability to purchase land and immovable property, ability to vote and contest elections, seeking government employment and availing other state benefits such as higher education and health care.
  2. Non-permanent residents of the state, even if Indian citizens, were not entitled to these ‘privileges’.

The provisions facilitated by the Article 35A and the state’s permanent resident laws have been criticised over the years for their discriminatory nature, including the hardships imposed on immigrant workers, refugees from West Pakistan, and the State’s own female residents, who could lose their permanent resident status by marrying out of state.
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What is the reason for Article 4?

What is an Article 4 Direction? An Article 4 Direction limits the works that can be carried out without needing planning permission from the Council. For example, householders can normally make minor alterations to their houses without requiring planning permission.

  • This is called ” permitted development “.
  • However, in some areas, the council has removed these “permitted development” rights by either making an Article 4 Direction, and/or by limiting the range of such rights applicable to a new development by means of one of more planning conditions attached to a planning permission.
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For further information on Article 4 Directions, please continue reading this web page. For further information on permitted development rights limited through the grant of planning permission, please click here, Article 4 Directions are typically used when further control of development in a conservation area is considered desirable to preserve its special character and appearance.

However, not all Article 4 Directions apply to land and/or building location within a conservation area and such directions can be made to help provide the Council, as the local planning authority, with more effective control over a range of different scenarios, including control over the provision of fencing and/or outbuildings in visually sensitive locations, where no requirement to seek planning permission for these sorts of development could lead to harm to visual and/or residential amenity.

The making of Article 4 Directions Except in emergency situations, the making of an Article 4 Direction (thereby restricting the development rights of persons with an interest in the land/property) will normally follow public consultation, including with the affected land/property owner(s).

  1. Once an Article 4 Direction has been made, it would normally apply for an indefinite period and will always appear as a land charge on the land registry, unless subsequently revoked or replaced by a later direction.
  2. The reason for making an Article 4 Direction must always be given and fully justifiable.

The reasons used vary to some degree depending on the local physical context and circumstances at the time of making the relevant direction, but are typically based around the protection of the amenity of the locality. Depending on the type of direction planned to be made, the approval of the government’s Secretary of State will sometimes be needed before the direction can be formally confirmed as coming into force.

No. Location Summary of controls/reason for controls Date made In-force?
1 Nos.9- 14 (inclusive) East Street, Faversham Re-building, restoration or replacement of war-damaged buildings/Protection of visual amenity 20/02/1952 No *
2 Land at Oare Creek, Faversham Means of enclosure and restriction on use of land /Protection of visual amenity 16/07/1969 Yes
3 The Viking Caravan Site and Seasalter Meadow Estate, Seasalter Road, Graveney Means of enclosure and restriction on use of land including controls on forestry and agricultural use/Protection of visual amenity 22/05/1972 Yes
4 Little Coxett Farm, Ospringe Restriction on use of land/Amenities of the area 15/11/1973 Yes
5 Perry Wood and Conduit Wood, Selling Means of enclosure and restriction on use of land including controls on forestry and agricultural use/Protection of visual amenity 29/11/1973 Yes
6 Sweepstakes Farm, Lower Hartlip Road, Hartlip Means of enclosure and restriction on use of land /Protection of visual amenity 10/05/1978 Yes
7a and 7b Nos.43-72 (all) Marine Parade, Sheerness Alterations and extensions (including porches) to front elevations and to front boundary treatments/Protection of visual amenity 18/08/1981 Yes
8 The Willow Beds, Davington, Faversham Means of enclosure and restriction on use of land /Protection of visual amenity 08/05/1985 Yes
9 Nos.11-63 (odds), 73 and 75, 79, 81 South Road, Faversham Alterations and extensions 01/11/1984 No *
10 Nos.65 and 67 South Road, Faversham Alterations and extensions 04/07/1986 No *
11 Nos.1 and 2 Flint Cottages, The Street, Tunstall Alterations to front elevations 14/03/1988 Yes
12 Nos.88, 114 – 126 (evens) The Street, Newnham Alterations (including painting of masonry) and extensions, including porches/Protection of visual amenity 14/03/1988 Yes
13 Nos.49, 90, 128, 132 – 140 (evens) The Street, Newnham Alterations (including painting of masonry) and extensions, including porches/Protection of visual amenity 14/03/1988 Yes
14 No.104 The Street, Newnham Alterations (including painting of masonry) and extensions, including porches/Protection of visual amenity 14/03/1988 Yes
15 Nos.1-8 (consecutive), 10-38 (consecutive) and 40-44 (evens) Briton Road, Faversham Front of dwelling hardstandings and alterations to front boundary treatments /Protection of visual amenity 26/03/2001 No *
16 Land South East of Kingsborough Manor, Eastchurch Road, Eastchurch Restriction on use of land/Protection of area’s amenity 05/04/2006 Yes
16a Land South East of Kingsborough Manor, Eastchurch Road, Eastchurch Means of enclosure and restriction on use of land/Protection of area’s amenity 05/04/2006 Yes
17 Land between Brielle Way and Sterling Road, Queenborough Restriction on use of land/Protection of area’s amenity 05/04/2006 Yes
17a Land between Brielle Way and Sterling Road, Queenborough Means of enclosure and restriction on use of land/Protection of area’s amenity 05/04/2006 Yes
18 Properties with the Faversham Conservation Area Alterations (including painting of masonry and to means of enclosure), installation of satellite dishes, provision of hardstanding and extensions (including porches) where the elevation/area in question fronts a highway, waterway or an open space 29/05/2007 Yes
19 Land South of Denstroude Lane, Denstroude, Boughton Means of enclosure and restriction on use of land/Protection of area’s amenity 26/03/2008 No
19a Land South of Denstroude Lane, Denstroude, Boughton Restriction on use of land including controls on agricultural use/Protection of visual amenity 26/03/2008 Yes
20 Land in and around Dargate, Hernhill Means of enclosure, temporary buildings/structures and restrictions on use of land/Protection of visual amenity 07/04/2008 No
20a Land in and around Dargate, Hernhill Restriction on use of land including controls on agricultural use/Protection of visual amenity 07/04/2008 Yes
21 Land West of Cedar Cottage, Blind Marys Lane, Bredgar Means of enclosure, temporary buildings/structures and restrictions on use of land/Protection of visual amenity 27/06/2007 Yes
22 84 Scarborough Drive, Minster Alterations and extensions 12/09/2007 Yes
23 Land on the east side of South Bush Lane (also known as Spade Lane) (PDF 201kb) Restriction on temporary use of land. The reason for the controls is due to harm to highway safety and convenience. 12/08/2021 Yes

These Article 4 Directions have all effectively been superseded by the Faversham Conservation Area Article 4 Direction made in May 2007 (see table entry no.18) Faversham Conservation Area Article 4 Direction The Faversham Article 4 Direction is the largest single such direction in Swale Borough and applies specifically to the vast majority of Victorian and Edwardian residential properties within the Faversham Conservation in order to help the Council manage physical change to them more effectively by requiring a planning application for certain types of work, including replacement doors and windows and roof coverings on the principal elevations facing a public highway.

The existing guidance note and list of applicable addresses for the Faversham Article 4 Direction can be viewed here: If your land or home is covered by an Article 4 Direction you may be required to apply for planning permission to carry out minor development such as the erection of fencing/walling and/or outbuildings, or for home improvements such as changing external doors and windows or the painting of brickwork on the outside of a property.

In these circumstances, permission will only be granted where the Council, following a careful assessment, conclude that the proposed development would not be unacceptably harmful in any way, complies with the relevant Local Plan policies, and where applicable, any specific guidance related to the direction and any of the relevant local planning guidance documents, notably Designing an Extension – A Guide for Householders (see: https://swale.gov.uk/news-and-your-council/publications/planning-and-planning-policy/local-planning-guidance ).

  1. If you wish to check whether a building or parcel of land in the Borough is subject to one of the other Article 4 Directions in the Borough, you can use our Interactive Map to find this out,
  2. You will need to select the Heritage and Environment Map Category in the menu bar, and then ensure that the Article 4 information layer is ticked on the option menu.

You can also use this service to check the location and extent of conservation areas in the Borough – just ensure you have the Conservation Areas information layer ticked on the option menu. Review of Article 4 Directions There is no specific legal requirement for Article 4 Directions to be reviewed, but it is best practice to ensure that once made, they remain both (a) necessary, and (b) fit for purpose.

Where such directions are made in relation to a conservation area, the Council will review the direction (and any associated guidance provided with it) when the conservation area itself is reviewed, and the Council is now committed to a rolling programme of such reviews as set out in the adopted Swale Heritage Strategy 2020 – 2032 with a programme of early reviews set out in the initial 3-year action plan (see: https://swale.gov.uk/planning-and-regeneration/heritage-and-landscape/heritage-strategy ).

Elsewhere, the Council will review existing and any new directions made from time-to-time, resources permitting, and specifically when it becomes aware of circumstances that justify review of any particular direction. Further information for Article 4 Directions Historic England has produced a web page with information specifically on Restricting Permitted Development: Article 4 Directions and Heritage,
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